Guidance

Child abduction in Thailand

Updated 6 July 2023

Assistance provided by the British Embassy

We can:

• provide a list of English-speaking family lawyers in Thailand and a list of translators and interpreters in Thailand, some of whom will specialise in family law. The cost of any lawyer or translator you employ will be covered by you
• contact the relevant authorities in Thailand to check what progress has been made in finding your child
• offer travel information and help with finding accommodation locally
• help you contact the relevant local authorities and organisations
• where appropriate, contact the courts in Thailand to express our interest in a case and ask about progress
• where appropriate, issue travel documents

We cannot:

• find your child but will try supporting you when contacting the relevant local authorities
• “rescue” your child or get involved in any illegal attempts to bring your child back - we strongly advise against you re-abducting your child or paying a company to do this. This may be illegal and could put your child at risk
• guarantee the return of your child, even if a court orders this
• offer legal advice or interfere in the legal proceedings of another country
• pay your bills, including legal fees, translation services, and travel or accommodation costs
• remove a child from a country without valid UK travel documents

Read about what the FCDO can and cannot do.

Domestic parental child abduction

In Thailand, the removal of a child or minor from either parent by the other is considered ‘a private matter of parental dispute’. Essentially this means that the removal of a child is treated as a domestic matter with no legal avenue for the authorities to intervene. For example, moving a child from one province to another within Thailand without the permission of their other parent is not recognised as child abduction by the Thai authorities.

International parental child abduction

The British government cannot, under any circumstances, force the abducting parent or a court to return your child to the country where they normally live.

The removal of a child from the UK to Thailand or vice versa is not considered a criminal matter in Thai law. However, it can be treated as a civil case if there is a relevant Thai or any other country court order. The 1980 Hague Convention on the Civil Aspects of International Child Abduction seeks to return children abducted, or retained overseas by a parent, to their country of habitual residence. Thailand has signed up to the convention but the UK has not accepted Thailand’s accession yet. Therefore, the UK does not operate the Convention with Thailand.

Custody issue

In Thailand, unless there is a court order to the contrary, married parents have joint custody of their children. If a child’s parents are not married, then the mother automatically has custody. When parents decide to divorce, they must agree who will take custody duties of any child. If parents are unable to agree, the court will determine custody. Foreign court orders are not automatically recognised in Thailand but might be considered.

Travel

If you wish to travel abroad with a child without their other parent you should contact The Department of Consular Affairs, Ministry of Foreign Affairs at +66 (0) 2 572 8442. A consent form might be needed, depending on your marital status, divorce agreement and the child arrangement order.

Preventing international parental child abduction

There are some steps you can take if you are in Thailand and are worried that your child may be, or will be, abducted overseas by their other parent or a family member.

• tell your lawyer to request a port alert. This is when a parent notifies Thai Immigration to stop his/her child from passing any immigration checkpoint – land, sea or air. Its aim is to prevent a child from travelling
• if you wish to file a court order for an emergency use, contact the Central Juvenile and Family Court in Bangkok with your lawyer
• if your child has more than one nationality and you believe that their other parent is applying for an Emergency Travel Document for them, you can inform the Embassy, High Commission or Consulate of your child’s other nationality, and declare that you do not give consent
• you may be able to stop your child obtaining a British passport without your permission. You will usually need a court order to do this. You should call HM Passport Office (HMPO) as soon as possible on 0300 222 0000 or use their online enquiry form

Mediation

Mediation is an option when parents are not able to reach an amicable agreement about their children’s futures, but do not wish to take court action. A neutral party, or mediator, can assist in enabling parents to form a mutually acceptable decision on custody and contact with their children.

Reunite is the leading UK charity specialising in international parental child abduction. Services range from offering practical impartial advice and mediation to providing a helpful support network aimed at those who have had their child abducted. For more information, visit https://www.reunite.org/ or call +44 (0) 116 255 6234 (24hrs).

Contact

The British Embassy Bangkok

Address: AIA Sathorn Tower, 11/1 South Sathorn Road, Sathorn Bangkok 10120
Telephone: +66 (0) 2 305 8333 Fax: +66 (0) 2 305 8296
Website: https://www.gov.uk/world/organisations/british-embassy-bangkok

Reunite

Reunite is a charity providing practical advice, information and support to parents and families whose children have been abducted or wrongfully retained overseas.

Website: https://www.reunite.org/

Email: reunite@dircon.co.uk

Telephone (helpline): +44 (0) 116 255 6234 (24hrs)

Childline

Childline Thailand Foundation (CTF) is a charity based organisation that help children and families through a number of different issues.

Website www.childlinethailand.org

Email: info@childlinethailand.org.

Hotline 1387

Pavena Foundation for Children and Women

The Pavena Foundation for Children and Women is one of the leading NGOs in Thailand that help provide assistance for women and children facing abuse and other difficulties.

Website: www.pavenafoundation.or.th

Email: pavena1134@hotmail.com

Hotline 1134

If your child is taken without your permission from the UK to Thailand

See a list of English-speaking family lawyers in Thailand that may assist you with this.

If your child is taken without your permission from Thailand to the UK

Consult your lawyer in Thailand to obtain a return order from the Thai family court and then get a parallel return order from the UK court using a UK lawyer. See a list of lawyers in the UK.

If your child is taken without permission from Thailand to another country which operates the 1980 Hague Convention with Thailand

Contact Thai Central Authority for support on the Hague Application

Office of the Attorney General - International Affairs Department
Rajaburi Direkriddhi Building, Government Complex
Chaeng Watthana Road, Laksi, Bangkok 10210
Telephone: +66 (0) 2 142 1637
Fax: +66 (0) 2 143 9791 / +66 (0) 2 143 9792
Email: inter@ago.go.th
Website: Thai Central Authority: https://www.hcch.net/en/states/authorities/details3/?aid=128

If your child is taken from a country that operates the 1980 Hague Convention with Thailand, and then brought to the country

Contact the Central Authority of that country. The Central Authority is a designated government unit that is assigned to proceed according to the Hague Application. They will collaborate with the Thai Central Authority accordingly. The level of support you may receive depends on the Bilateral Agreement that Thailand has with that country.